Draft law of 20/07/2011, concerning the creation of the Family and Children’s Court

The law of 30/07/2013, concerning the creation of a family and children’s court, was published in the Moniteur Belge on 27/09/2013.

Composition of the Family Court

The family and children’s court will be a section of the court of the first instance, and this section will be divided into 3 sub-sections:

• the family court to which civil litigation will be submitted;
• the children’s court to which protective disputes relating to minors will be submitted;
• one or more chambers for amicable settlement of disputes.

Competence of the Family Court

The family court will be competent to decide on applications:

• relating to the status of persons;
• from spouses and legally cohabiting partners, relating to the exercising of their rights or their property;
• relating to parental authority;
• relating to the custody of minor children;
• concerning maintenance obligations (excluding social integration income);
• concerning disputes connected with family allowances;
• relating to matrimonial property schemes;
• relating to inheritance;
• relating to gifts and distribution.